What is this 'Period of stay' form mentioned in the very first post of this thread? This is not the g-325a. What exactly is this form #? What is the url for downloading it? Thanks

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jungalee43

09-14 05:20 PM

Following is my draft. Any and all suggestions welcome. I still need a link to the testimony of USCIS director confirming wastage of green cards. I would greatly appreciate if someone compiles list of e-mail addresses of judiciary committee members. Please note I would be making calls myself. E-mail is only for colleauges as I can't ask for their time on telephone calls. Here is my dreaft: -

Dear Member of Congress: Congress has an opportunity before it adjourns to help advance U.S. innovation leadership by enacting H.R. 5882, a modest, bipartisan bill that would simply “recapture” employment-based immigrant visas numbers that Congress authorized in prior fiscal years, but that went unused due to government processing delays. H.R. 5882 is a common sense measure that should be enacted without delay this year. H.R. 5882, which Representative Zoe Lofgren introduced with Representative Jim Sensenbrenner, would help reduce visa backlogs by recapturing Congressionally authorized EB green cards from prior fiscal years that went unused due to bureaucratic delays.

What is H.R. 5882? By recapturing unused green cards H.R. 5882 would address the issues of justice, equality, fairness and efficiency; at least temporarily. H.R. 5882 addresses a very important issue of discrimination of high skilled immigrants in the US immigration system on the basis of their country of birth. As per the current law the quota of employment based green card is equally distributed to applicants on the basis of their country of birth. No single country can take more than 7% of the annual quota of 140,000 green cards. Thus the applicants born in two countries India and China, who contribute more than 50% of the high skilled immigrants, have to wait lot longer than applicants born in other country. Simply put an applicant born in XYZ country gets green card in six months and applicants born in India or China with exact same skill sets & exact same contribution to US economy has to wait for years and years indefinitely for his/her green card. In addition to this, due to bureaucratic delays, a lot of green cards go unused from the annual quota of 140,000 every year resulting in processing backlog stretching up to decades.

What H.R. 5882 is not? H.R. 5882 is not an amnesty. It does not legalize any illegal immigrant. It does not provide any waiver to any unlawful stay or unlawful activity in the US. It does not increase congressionally authorized immigration limits. It does not authorize even one extra green card than what is authorized by congress. It does not take jobs away from US, rather helps keep the job in US.

It is very important to note that the overflow of visa numbers in the family based immigration system is transferred to employment based system but NEVER vice versa.

All the high skilled immigrants who are in green card limbo are in this country for many years now and contributing to economy, paying taxes. They have steady jobs and during the three stages process of green card it has been established multiple times that a US citizen or permanent resident is not available for that job. Close to million applicants are limbo due to bureaucratic delays and country based quota system. If they get green cards they are in position to buy new house, car, start new business etc. there by making significant contribution to economy.

I request you to support the passage of the bill through US congress.

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nkalpana

02-06 10:14 PM

I am very sorry to hear this. It should be a rare case that you have got 221g after your visa has been approved by visa officer.

Approach the consulate with your email, and they might give you a questionnaire to fill up. It must be regarding some additional documents being required.

I finally get the chance to share our wonderful news with you all. We (me and my wife) received our "Welcome new resident" e-mails this morning.

11 yrs for me and 12 yrs for my wife since coming to the USA. Between the two of us, Three J1s and Two F1 stamps, Six H1b stamps, Four 140s, 10 EAD/AP (5 each), 3 finger print notices apiece, Four RFEs between us and a total of $68KUSD in total USCIS fees/Lawyer fees and countless gray hair later and after many an emotional roller coaster over the years, it was our turn today. For those of you unclear about the admittedly weird above numbers, take a look at my RD. It is not a typo! I often wondered if I was a lone Dinosaur that survived the meteorite. I never saw anyone with a 4 plus year 485 recently. Our 485s were 2 yrs old and approvable when the visa bulletin fiasco happened in summer 2007. Ironically I heard that even my FPs/Background check were cleared by then (which in those days was the main cause of delays).

I made many approaches over the years to the USCIS via phone, email, and fax, My Congressman contacted them on multiple occasions (atleast 3 times when he forwarded their response to me), and our Senator contacted them once. My lawyer as well as my employer contacted them also. I finally also wrote the ombudsman 2 weeks ago. I was pretty scathing in that letter as well (about their mockery of their stated FIFO policy etc). I am not sure exactly what worked, or if anything at all did, and it was just my time. After a while dealing with the injustice, you just get numb. Today finally I breathe a deep sigh of relief. The loooooong wait is over.

I've spent so long waiting I even get nostalgic about the early days. I remember very well, blogging one cold December night on Immigrationportal with Wallenpond, Pdakwala, Superman,Khodalmd and many other early IV luminaries in 2005 putting up a rearguard uncoordinated effort, when Rep. Sensenbrenner scuttled our visa recapture chances in conference committee. Following which IV was born with leadership from folks well known to us now. IV is your organisation and platform. It will only be as strong as you let it be.

I wish each of you all the best of luck and least agony in your wait. Those of you current, have faith, if you are being wronged, Stand up. Write/meet with those in a position to do something. Advocate for yourself. That way, atleast they know, what is going on. Otherwise none can help you.

I will continue to stick around here and do what I can to help with IVs efforts. I believe with our overall effort, we are helping ourselves yes, but what we are advocating for is correct for this country as well.

Best wishes all.

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mhathi

01-11 02:33 PM

Thats is waht they say.. But their actions always show that they are against ALL immigration. Some of us have been looking at them for a while now. As you can see, they DO NOT support the letter campaign.

JUAN GONZALEZ: �because I�ve been very concerned about the lack of historical understanding of the immigration battles in our country, going back to the Irish in the 1840s. Father Joseph Fitzpatrick, who was a wonderful sociologist of Fordham University, once did a study of the criminal populations in New York City in 1859, concluded that 83% of all the criminal convictions in 1859 in New York City were Irish�were Irish, not Canadian, Scotch, English or Germans or the other bulk of the population in New York at the time, but were Irish, right? Henry McLaughlin, the�

LOU DOBBS: What in the world is your point?

JUAN GONZALEZ: Well, I�m getting to my point, but give me the time to do it. We have time on this show, unlike�we don�t do soundbites here, alright?

JUAN GONZALEZ: Henry McLaughlin, Lou, was the guy who was the main consultant to the US Congress in developing the immigration restriction laws of the 1920s, a eugenicist who, interestingly enough, examined the facts�high crime rates among the immigrant population in the 1920s. Tuberculosis, disease, drunkenness�and these were the reasons�his studies of the population of the immigrant population were the basis upon which Congress decided on its restrictive laws to limit the number of southern Europeans, of Jews and of other nationalities that were coming into the country at the time. My point is that the issue of crime and the issue of disease has always been attempted by those who want to restrict immigration, right? But identifying�

LOU DOBBS: Juan, you�re smarter than this. I mean�

JUAN GONZALEZ: �with the immigrant population coming into the country.

LOU DOBBS: You�re smarter than this. You�re better than this.

JUAN GONZALEZ: You know, you�re doing the same thing that Henry�

LOU DOBBS: No, I�m�

JUAN GONZALEZ: �McLaughlin did in the 1920s�

LOU DOBBS: Oh, you�re�

JUAN GONZALEZ: �and the same thing that was done against the Irish�

LOU DOBBS: Juan, if you believe that�

JUAN GONZALEZ: �in the 1850s.

LOU DOBBS: If you believe that, you should look into that camera and say you apologize for trying to mislead people purposefully. The reality is this. Have you ever once heard me say anything other than I have the greatest respect for illegal immigrants in this country? Illegal immigrants. Forget immigrants, illegal immigrants. Have you ever heard me say anything other than that? Have you ever heard me say anything other than, I believe that the illegal alien in this entire mess is the only rational actor? Have you ever heard me say that? Have you ever read the transcripts of my broadcasts? Do you have any�

JUAN GONZALEZ: Yes, I�ve read quite a few of your transcripts. Not all of them, I have to confess. I work with�

LOU DOBBS: Would you like to tell me? Have you ever heard me say anything other than that? Have you ever heard me say that I want to have immigration restricted? I mean, my god, man, do you have any�any�sense of fidelity to the reality?

JUAN GONZALEZ: Yes, I do. And the reality is�

LOU DOBBS: How in the world can you use my name and �anti-immigrant� in the same breath?

AMY GOODMAN: When we hear comments like�

LOU DOBBS: You hear�

AMY GOODMAN: �a third of the�from you�we�ve played them, so we can�t refute the videotape, Lou.

LOU DOBBS: Have you looked, Amy�

AMY GOODMAN: We can�t refute�a third of prisoners are�

LOU DOBBS: Yes. And we discussed that?

AMY GOODMAN: �are illegal immigrants�

LOU DOBBS: Have we discussed it?

AMY GOODMAN: No, a third of prisoners are illegal immigrants, not true. 7,000 leprosy cases in the last three years because of illegal immigrants�

LOU DOBBS: Christine Romans misspoke�

AMY GOODMAN: �not true.

LOU DOBBS: �we said that. And that�s as straightforward as we can put it.

AMY GOODMAN: And you made an announcement on your show�

LOU DOBBS: Absolutely.

AMY GOODMAN: �and you will say it here�

LOU DOBBS: Absolutely.

AMY GOODMAN: �that it is not true. Illegal immigrants are not responsible for 7,000 cases of leprosy over last three years.

LOU DOBBS: Not over the last three years. But the likelihood is that illegal immigrants are responsible, because they are the ones who brought Hansen�s disease�

AMY GOODMAN: �The likelihood��based on what, Lou?

LOU DOBBS: Based on doctors at the Hansen Center,�

AMY GOODMAN: No.

LOU DOBBS: �who said that�listen to me. Hansen�s�I mean, if you guys�you guys are just ridiculous in your loss of proportion here. You�re talking about one report. But if you want to talk about it, tuberculosis and Hansen�s disease are both screened, and they are so similar in the symptoms and their presentation that doctors look for that in the screening. Without question.

AMY GOODMAN: But as you agree now, you�re formally apologizing for having a presentation on your show�

LOU DOBBS: I�m saying the likelihood is that those cases of Hansen�s disease are, according to the doctors at the Hansen Center, most likely as a result of illegal immigration, because they�re not being screened.

AMY GOODMAN: You know the fear�

LOU DOBBS: But why contain this?

AMY GOODMAN: Well, the reason�

LOU DOBBS: How about tuberculosis?

AMY GOODMAN: Let me make a point.

LOU DOBBS: Does that concern you?

AMY GOODMAN: Let me just say something. Let me just say something.

LOU DOBBS: Right.

AMY GOODMAN: The reason we�re raising these issues is not any one particular case, though I think facts matter�

LOU DOBBS: You�re giving more focus to this issue�

AMY GOODMAN: �because�

LOU DOBBS: We put one report, eight seconds, and you are giving an entire broadcast to this.

AMY GOODMAN: No. It is well more than eight seconds. But I want to make a point here. Even when you were called on it by 60 Minutes�they played a clip�you came back the next day�

LOU DOBBS: Right.

AMY GOODMAN: �and you continued this fallacy. But the issue is, we�re raising different issues in different spheres of American life�prisons, disease�and in each of these cases, what many people are concerned about what you�re doing, because there is no question, Lou Dobbs, you are extremely influential in this country. You are a key part of driving the debate on immigration.

LOU DOBBS: Right.

AMY GOODMAN: And so, I think it is important to be accurate�

LOU DOBBS: Oh, I do, too.

AMY GOODMAN: �to start there.

JUAN GONZALEZ: Yeah, but I think we should�

LOU DOBBS: Have you ever made a mistake on this broadcast, Amy?

AMY GOODMAN: Yes.

LOU DOBBS: How many, would you say?

AMY GOODMAN: I would say that each time it�s pointed out, we try to apologize for it.

LOU DOBBS: So do we.

AMY GOODMAN: And we try to correct the record.

LOU DOBBS: And the issue is, for me, the 7,000 cases�as soon as I understood the issue was the three years versus thirty years�I mean, to me it was a�

AMY GOODMAN: That�s not minor.

LOU DOBBS: To me, it frankly was of no interest. The issue was 7,000 cases on the registry of Hansen�s. That was the issue I was responding to when I understood fully the three-year thing. I mean, to me, the idea was whether the registry had been brought up to date or not. No one in their right mind thought that�you know, a year, or whatever, that a thousand cases had been created.

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prasadn

09-23 05:23 PM

they are RD's not PD's

IF they were PD's we shouldnot be seeing anything after Jul 2007 [as those were the farthest PD's ever reached].

Seems logical, but on the other hand if that were to be the case, then why isn't there a spike in June-July '07 to reflect the deluge of 485 filings?

USCIS Director Emilio Gonzalez, has become a member of IV...Or he started reading our posts in this forum

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bkn96

11-14 08:00 PM

My I140 is approved and I am a July07 filer of 485. In July08 I moved to self-employment after consulting a good lawyer. Now my previous employer withdrawn I 140 and today I got 485 denial notice. I didnot filed AC21 as lawyer told it is optional.. :mad:

I was absolutely pissed off with the "local" ppl that got greedy and dragged the whole economy with them. Seeing that there are ppl like you (one of us) who are pretty much the same, i am seething with rage. Because of idiots like you, people with a pristine credit history of more than ten years and some saved money cant buy a decent house in the bay area (and elsewhere) and have to see their hard-earned money go down the drain in 401k and stocks.....I wish ppl like you rot in foreclosure hell and no one ever lends credit you, ever again!!!

Boreal,

i dont know what are you talking about.. what do you mean local ppl and people like us..you are the first one to complain, having a good credit history and cannot buy a house in this big buyers market..what are you waiting for.. how many ppl "LIKE US" have you known who have gone for foreclosure.. person who has made downpayment and knows he will lose more money if he sells his house for a loss becuase he has to move because of employment.. will definately look for his options. if it was an ideal situation..then one can sell his house within couple of months.. but because of this American dream, big homes, nice cars, which a person cannot afford, we are in this mess.. Btw.. i would say you would be one of the lucky ones right now who can afford a nice big house which you could not have imagined to afford couple yeara ago because of this housing crisis.. i dont really understand why you are complaing and getting "pissed off with the "local" ppl that got greedy and dragged the whole economy with them" this thread is for those who are not greedy but want to explore their options within the legal limits..

In such trying times its awesome to find individuals in the media willing to lend a receptive ear to the hardships faced by all of us and write a wonderful news article on it. Its even more significant especially because when people who should be listening to our concerns and who have the ability to address these issues have turned deaf ears.

She and other media personnel who have helped highlight this issue deserve at least a thank you note.

Just my thoughts.....

Dear Non-Indian Members, When Xiyun Yang talked to me yesterday, I did mention that there are more Chinese and Pakistanis and people from other countries She was very much interested in talking to them. ( I had mentioned this in my previous post, but would have got lost in the barrage of posts in the last few days) I would suggest, that non-Indians, please contact Xiyun @ email:yangx@washpost.com office phone: 202 334 6701

Also, please leave a comment on her article in the washington post and mention which country you belong and how this is also your issue, as much as everybody else

We definitely want to make this an universal issue and not just an Indian Issue

Anand Sharma

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BharatPremi

09-24 01:47 PM

Bharatpremi,

Thanks for the excellent analysis. One question, your analysis assumes category excess visas goto next category on a per country basis, is this correct ?

Ans: Yes. In reality nobody is sure how USCIS is spilling over, vertical way, the way which I have assumed here OR horizontal way as per your belief OR combination of both. Example, EB-1 china number goto EB-2 China ? I thought all EB-1 China numbers are added to the excess pool and then given to most retrogressed EB2 category ?

Thanks for anyone who clarifies this.

No matter how the data is sliced and diced, being EB3-I certainly means a loo...ong wait time ... :) yes , agreed. No matter how you slice or dice, EB3-I is and will always be "Sautan Ke Chhore" (Step Sons/daughters):)

At present my EAD is status not changed (USCIS case tracking), So I assume my EAD is valid. I also read Attorny Ron's blog that EAD is valid even I485 is denied. That gives me some comfort. Another problem, even if I get H1b (with out I94), I don't have AP to go (out of country) for stamping. What happens if I apply for AP while I485 is denied? Any one tried this? I am not sure what to do...

well, you don't really need AP to go out of country in this case as you are going to stamping. But in case if stamping is denied for any reason, its an end. Unless you specifically received CIS letter stating that your EAD is also revoked, it is probably valid. You can keep working on EAD till CIS works on your appeal or MTR.

singhsa3

07-11 11:50 AM

http://www.encounter.co.za/article/112.html

I especially liked this:

Several years later, just before his seventieth birthday in 1939, Gandhi was interviewed by a missionary, Dr. John R. Mott. Mott asked Gandhi to single out the most creative experience of his life. This was Gandhi�s reply:

"I recall particularly one experience that change the course of my life. Seven days after I had arrived in South Africa the client who had taken me there asked me to go to Pretoria from Durban. It was not an easy journey. On the train I had a first-class ticket, but not a bed ticket. At Maritzburg, when the beds were issued, the guard came and turned me out. The train steamed away leaving me shivering in cold. Now the creative experience comes there. I was afraid for my very life. I entered the dark waiting room. There was a white man in the room. I was afraid of him. What was my duty; I asked my self. Should I go back to India, or should I go forward, with God as my helper and face whatever was in store for me? I decided to stay and suffer. My active non-violence began from that day." That wintery night in the waiting room on a railway platform, Gandhi made the fateful decision which changed the lives of thousands of South Africans and still inspires us today.

smitha

07-09 10:09 PM

I exactly know where your statements about 2005-2006-2007 coming from. Your basic assumptions is that 2005-2006-2007 guys are those who just came to US 2-3 yrs back and now want their GC asap whereas you are waiting in line for 6-7 years...right? Ma'm with all due respect, that is not correct for most of the cases. There are several people who has to re-file their labor for several reasons (employer greedy, company overtaken, laid-off, company gone bankrupt etc etc.). That does not mean that 2005-2006-2007 guys are asking that they should get GC before 2001-2004 people. What most of the people need is an ability to file for AOS so that they can indepenedent of the clutches of their employers. I'm sure if you widen your horizon, you will be able to understand the plight of all your brothers and sisters stuck in this retrogression.

For your information

Smitha EB2 India PD-2005-May I140 approved-Sept 2006

I have MS in EE from US and working since 2001,filed my GC in 2005 May(PERM).

However can you please tell me anyone who got GC in Eb2/Eb3(India) in 1-2 yr in the last 15 yrs? Exactly that is now 2006-2007 PD guys are expecting to happen a miracle, right? I mean, apply 485,EAD ASAP.

If you guys really care about 2002-2003-2004 guys, then please please wait for OCT 07 bulletin and after that you can do anything you want. If they will retrogress the dates, then please fight but not before that.